“The video literally silenced the Brazilian Ambassador, he was speechless,” says Amanajás.
Brazilian promise at the UN indigenous rights is “marketing”
The Brazilian Government should present this Thursday, 20 in Geneva, the response to 170 human rights recommendations made by UN member countries in the process of Universal periodic review (UPR). The UPR is a mechanism of the United Nations Human Rights Council, periodic review of its human rights situation of the 193 Member States.
Rachel on its policies in relation to human rights in May this year, Brazil had three months to assess criticisms and suggestions of its peers on issues such as development and social inclusion, human rights defenders, public safety, justice and prison system, promoting equality and indigenous rights, among others.
The item “human rights of indigenous peoples”, the Brazilian Government received seven recommendations:
- Strengthen the standards of administrative procedures concerning the right of indigenous peoples to be consulted, in accordance with ILO Convention 169 (Netherlands);
- Ensure the rights of indigenous peoples, particularly the right to traditional lands, territories and natural resources, and their right to be consulted (Norway);
- Complete the pending cases of demarcation, especially those relating to Guarani Kaiowá (Norway);
- Continue to promote internal debates to improve regulation of procedures for consultation with indigenous peoples on issues that affect directly (Peru)
- Ensure that indigenous peoples can defend their constitutional right to ancestral lands without discrimination, and that informed consent is ensured in case of projects that may affect their rights (Slovakia);
- Give more attention, at all administrative levels, to the rights of indigenous peoples, primarily to ensure your right to land (Poland);
- Ensure appropriate consultations with indigenous peoples as well as full participation in all legislative or administrative decisions that affect them (Germany).
According to a statement from the Government, Brazil will accept only some of the recommendations. About the recommendation on prior informed consent and of projects in indigenous lands, the country argues that “the Federal Constitution establishes that indigenous communities should be heard, and that the Congress should give a permit for the use of water resources and exploration and exploitation of mineral resources in indigenous areas. Still, the ILO Convention 169, adopted by Brazil in 2004, requires prior consultation with indigenous peoples. Thus, the Brazilian State already acts according to the recommendation “.
Pure marketing For human rights organisations and indigenous accompanying the meeting of the UPR in Geneva, it is worrying that the Brazil has highlighted specifically the recommendation that mentions the right to consent. According to Ramachandran Ramesh, lawyer of the para Society for the defence of human rights (SDDH), movements and national and international organizations consider that the mechanisms that ensure the query implicitly guarantee the right to decision of Indians allow or not to carrying out projects that affect them. “So it is symptomatic that the Brazil make comments only on the recommendation that speaks in consent. Because, in practice, nor consultation and much less consent have been practiced in the country. See the case of the Belo Monte hydroelectric plant and the General Law of 303, which wants to restrict the rights and voice of indigenous land, “says Amanajás.
In Brazil, the indigenous missionary Council (CIMI) makes more stringent Government, criticisms mainly in relation to what he calls the “investment in appearances” or pure marketing at the UN. According to the Cimi, symbolic for the incongruity between the Brazilian speech in Geneva and the internal practice is the attempt to impose the gatehouse 303, Attorney General of the Union, which determines, inter alia, the need not to query indigenous cases of hydroelectric and mining, military posts and road networks that affect their territories.
“Cause more amazement even the fact of 303 Ordinance have entered the circuit of attacks on indigenous peoples – as well as the proposed amendments to the Constitution (PEC) and 215, 038 in Congress-in which, at a time when the ILO Convention 169 passes by internal rules. The Brazilian Government says engage, consult and ensure rights, but everything is lying and deception, “the entity.
Land and territorial issues, strongly affecting indigenous Guarani-Kaiowa in Mato Grosso do Sul and were questioned by several countries, the Ccme points that were never approved so few indigenous lands as in the current Government.
Actions in Geneva National and international organizations, human rights and indigenous peoples, such as the SDDH, Conectas Human rights and Amazon Watch organized a series of activities in Geneva this week to deepen the discussions on human rights in Brazil. On day 18, organizations met with the Special Rapporteur on indigenous rights, James Anaya, the UN has been informed about the serious violations of indigenous rights in cases of Belo Monte and 303 of the Ordinance. “He was very receptive to arguments and asked for more information”, explains Christian Poirier, of Amazon Watch. “As this is an international forum, where the Brazil is evaluated by their peers, we believe important to show that the international civil society also follows closely the problems with human rights in the country,” said Poirier.
On Wednesday, 19, was held a side event on human rights in Brazil, organized by the NGO Conectas, which counted with the presence of a Brazilian diplomat of Permanent Mission to the UN. On occasion, was presented the video Belo Monte: Justice now! (http://www.youtube.com/watch?v=pukn6EFT-GI&feature=youtu.be&noredirect=1). “The video literally silenced the Brazilian Ambassador, he was speechless,” says Amanajás.